Summary
The High Court altered a murder charge against company directors following a fatal factory blast and stampede to causing death by negligence. The Supreme Court declined interference at that stage, directed completion of the long-stayed trial within one year, and preserved the trial court’s power to alter or add charges on the evidence.
Issues
- Whether the High Court’s alteration of the charge from Section 302 to Section 304-A IPC required interference at the pre-trial stage.
Provisions considered
- Section 216, Code of Criminal Procedure, 1973The Sessions Judge retained power to alter, amend or add charges depending on the prosecution evidence, notwithstanding the High Court’s present alteration. (¶ 16)
Held
- The reasoning and conclusion altering the charge to Section 304-A IPC could not be faulted at this stage. Whether that offence was proved and what punishment, if any, followed were matters for trial; no opinion on the factual controversy was expressed. (¶¶ 13, 15)
- The prolonged stay should end and the Sessions Judge must complete trial on the merits within one year. The existing charge did not foreclose alteration or addition under Section 216 CrPC in light of the evidence. (¶¶ 14, 15, 16, 17)
Result
State’s appeal dismissed and interim stay recalled. Trial directed to be completed within one year, with the trial court’s power to alter charges preserved; order to be transmitted for compliance.